Bulletin No. 53 www.crisisenvenezuela.com - Provea
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Bulletin No. 53 From 3 to 10 September, 2018 Defiende Venezuela - www.defiendevenezuela.org A window for the Defense of Venezuelans’ Rights Génisis Dávila, founder and president of the NGO, watches for coherency between the quantity of violations of Human Rights and the quantity of denounces made on this matter. In 2017, only 53 cases were denounced before Interamerican Commission for Human Rights (CIDH). In 2018, it is expected that the figure will reflect more exactly our country’s reality: “Respecting the Protective mechanism offered by the Commission, we use effectively the system of individual petitions; solicit caution measures; make whatever urgent calls; and present informs within the general hearings”. “This coherence goes accompanied by the spread of parallel activities, such as formative workshops for Facing the big number of violations against Human venezuelans, which offer tools and generate alliances, Rights in Venezuela, Defiende Venezuela aims promoting destined to identify and make the victims visible, and defending those Rights, via denouncing before the respecting violations against Human Rights. Besides, we Interamerican System and the Universal System for also report the cases before the Commission”, Dávila Human Rights. remarked. Transparencia Venezuela - www.transparencia.org.ve Government pretexts sanctions for not fulfilling payments of the External Debt finances, which are quite depressed. “First of all, they stopped paying because they ran out of money. Later, they kept on failing to pay because sanctions delayed the payments, which is not true. A proof of this: when they had to accomplish with PDVSA’s Bonus 2020 (Citgo is a subsidiary) deposits were made rightly on time”. Tamara Herrera explained that the sanctions interrupted abruptly every possibility of searching for financings, since they impede to re-structure the Debt. She underlined the fact that, even before the sanctions, it was already very difficult to get financings, for which reason the authorities made quite uncommon operations. She added that the government was still able to gather US$ 2.000 millions via Bonuses, but sanctions prevented from U.S.A.’s sanctions imposed to Venezuela –plus those that. imposed by 42 countries against some Venezuelan hierarchs– are used by the government as an excuse for not fulfilling its obligations, such as the payments of the External Debt. This is stated by economist Tamara Herrera, Head of Sintesis Financiera, a team of consultors. http://bit.ly/2NCFSoJ Herrera affirms that these extraordinary measures accelerated our default; but, paradoxically, gave the government a certain space for maneuvering on its
Bulletin No. 53 From 3 to 10 September, 2018 CEPAZ - www.cepaz.org.ve International Penal Court: the Venezuela case International community, crimes have really happened in following up an initiative of the Venezuela. Organization of United Nations (UNO/ONU), created the Recently, Argentina International Penal Court announced officially its intention (IPC/CPI). It is the first to attend IPC, jointly with other permanent International Court, in Latin American governments, for charge of judging those who are accusing President Nicolás responsible for crimes against Maduro. It would be the first time humanity, genocides, and war that a State, or a group of States, crimes. Its creation meant a impulse a penal process. The historical step towards introduction of a course of this universalizing Human Rights. Its jurisdiction extends over sort by a State that is a member of the Statute of Rome is everybody in the world, as much as international grave meaningful. The action would generate a special pressure and transcendental offences are concerned. on the Court, and would oblige the Prosecutor to begin a new investigation, and a search for new informations. That The first pronouncement of this entity on Venezuela is the reason why it is a must registering our situation of was emitted on February 8, 2018. The IPC’s Attorney, vulnerability in Human Rights. The registrations imply Fatou Bensouda, declared that an investigation had been denunciation, documentation, and diffusion of all cases, for opened around the Venezuelan case, for violations of providing full data that may merit an eventual Human Rights, and for actions against International investigation by IPC. Humanitarian Law. On May 29, a panel of independent experts, appointed by the Organization of American States (OAS/OEA), presented an Inform, containing evidences of Lese Humanity in Venezuela. As a result, http://bit.ly/2CATUTn there are enough fundaments for considering that such Bloque Constitucional Serious immigration crisis rapidly mutates to migratory catastrophe The collapse produced by insufficient. This tremendous economical setback, political situation may generate a chaos, and social anonymity has migratory catastrophe, forced millions of venezuelans unprecedented in the region. into an exodus, running away from misery and starvation. It is Based upon the previous true: the main characteristic of considerations, we exhort the this exodus is compulsion. Our governments in our region and compatriots cross the the natives concerned, in order to borderlines carrying just a keep their solidarity, widely suitcase, with no money, many shown by their giving shelter to with no documents; but all of our compatriots. For this we are them act under the pressure of the existential need to eternally and gratefully committed with all of you! In escape from Maduro’s plan, which is submitting us to addition, we also exhort them to express strongly during depend entirely on the State, via rationing. the coming session of OEA’s Permanent Council, in order to appoint a commission of presidents, who may verify in The recent forced exodus of over three million situ the humanitarian crisis, derived from our hard venezuelans is seriously affecting neighbor countries, conditions of rationing and apartheid; and may also verify especially Brazil, Colombia, Ecuador and Peru, which have in the frontiers, in situ, the effects of the grave migratory found their spaces invaded, and their public services crisis –rapidly becoming a migratory disaster.
Bulletin No. 53 From 3 to 10 September, 2018 Acceso a la Justicia - www.accesoalajusticia.org Sheer Injustice: the Requesens case Since the supposed persecuted by authorities, by frustrated assassination of the victim, or by the public Nicolás Maduro on August 4, outcry. 4) When a person is 2018, there is no hope that the caught “short time after the State’s repressive corps committed offence, either in respect our the place where it occurred or almost-forgotten-yet-in-force nearby, if the person holds Constitution’s minimal weapons, instruments or guarantees in favor of all objects that lead to think that Venezuelan citizens the person is the offender”. –opponents included. The Following these criteria that case on which we are focusing TSJ deems as flagrancy; given on now happened three days the circumstance that three after the terrible attack with days had passed by since the drones, during an act headed by the president. A facts actually happened; we can make a question like this: commission of officials of Bolivarian National Intelligence was deputy Requesens arrested under any one of the Service (SEBIN) captured deputy Juan Requesens, not aforementioned premises? The obvious, clear, and only illegally –no warrant for arrest– but violently. objective answer is “no”. Requesen’s sister, Rafaela, was also detained, and released a few hours later; but she was not given any information We must not forget that Requesens’s whereabouts about her brother’s destination, nor about her own were unknown for four days, which figures a forced detention. disappearance. This a pattern of the regime: many persons are arbitrarily detained, without a warrant for Facing such a panorama, first thing to be emphasized is apprehension, and no information is given about their that our Magna Carta –seemingly discarded by this regime detention sites. These actings are illegal and shape –establishes only two bases for arresting a person: offences, even if they last only a few hours or a few days. flagrancy or a judicial order. Flagrancy was the alleged But TSJ says nothing on the matter. one. According to the Supreme Court of Justice (TSJ), flagrancy refers to four conditions: 1) An offence is being committed, and somebody, who is directly affected, states so. 2) An offence has just been committed, which may be illustrated by this example: “When a person hears a shot, http://bit.ly/2N25A6x looks through a window, and sees an individual with a gun in his hand, aside a corpse”. 3) When the offender is Foro Penal Venezolano - www.foropenal.com 7.324 persons are unfairly submitted to penal processes in Venezuela By September 7, 2018, Foro Penal Venezolano has registered 12.472 arbitrary detentions since January 1st, 2014. 810 civilians have been presented before Military Courts. Between January 2014 and the present day, Foro Penal has totalized 1.548 certified political prisoners. Full liberty or release under diverse modalities have been obtained in 1.300 cases. In April 2014, we had a record of 117 political prisoners. Today, the figure for this category of inmates is 242, which has been verified by OAS (OEA) on the basis of data provided by Foro Penal. Besides, 7.324 persons are still unfairly submitted to penal processes, under caution measures.
Bulletin No. 53 From 3 to 10 September, 2018 CIVILIS Derechos Humanos - www.civilisac.org “I will go on being a Defender until my country lives a coherent situation” —How did you get started within Civilis Derechos Humanos. At the Human Rights? same time, I joined the Moot Court on HR, for representing my University at —It all began in 2014, when I Interamerican Court, in San José de figured into a group of students of Costa Rica, and in Washington D.C., Law and Social Communications, at USA. Civilis taught me many things, Catholic University “Andrés Bello” mainly by its exemplary actions; that (UCAB), in Caracas. This group’s is why I have now a much wider view name was “Asistencia UCAB”, and it of the ways we defenders look at the was directed by UCAB’s Center for situation in our country. Sitting still to Human Rights. Being there, I listen to other defenders –who are not contributed by helping to collect necessarily lawyers– makes one a lot information, to denounce, and to more open-minded, it takes one out of Mario D’ Andrea is a lawyer of NGO support and give free juridical the merely legal professional Defiende Venezuela, an organization assistance to persons who were framework. Those are the most dedicated to promote and defend arrested during the protesting wave, enriching experiences, doubtlessly. Human Rights in Venezuela. More between January and April, that year. specifically: the divulgation of My interest for promoting and knowledge about the Interamerican defending Human Rights was born by System of Human Rights (ISHR/SIDH) then. I left my position as a passing http://bit.ly/2wYVR6K and an efficient use of its protective assistant in a lawyers’ office, and went mechanisms. into the domain of HR through NGO PROVEA - www.derechos.org.ve Seniors defeat blackmailing via Fatherland’s Card Persevering pensioners use of the Card as a must for defeated Government! Rulers acceding the fulfillment of intended to impose having a Rights. Fatherland’s Card (Carnet de la patria) as a requirement for This triumph of the collecting allowances. The struggling seniors is an reply was immediate, forceful example to be followed. We and massive, in several states must go ahead their way, of the country. Before the firm towards a greater victory: attitude of our seniors, Maduro Maduro’s resignation, invoking and the ruling board had no Art.233 of our Constitution. His other option but stepping renounce would drive National back. It was fully Assembly’s present president demonstrated that, before dictatorship, obtaining to assume temporarily the presidency of the nation; in 30 victories against arbitrarities is possible, in fact! days, we would have a reasonable date for elections; and we could expect having a new government that would The Fatherland’s Card (Carnet de la Patria) is being start the re-construction of our country by re-constructing used as an instrument to increase segregation for political our democratic institutions. reasons. The example given by the seniors means that, if population adopts massively an attitude of rebelliousness and disobedience, and rise to the intended blackmail through the Card, the government might be obliged to stop and withdraw about it. Otherwise, if we adopt a http://bit.ly/2MhffRh submissive attitude, they might end up consolidating the
Bulletin No. 53 From 3 to 10 September, 2018 Codevida - www.codevida.org Codevida thanks for the Quito’s Declaration on human mobility of venezuelans in the region Quito’s Declaration includes actions like providing humanitarian assistance, favoring access to permanency, favoring access to the status of refugees –in specific cases– and fighting against traffic with persons. They also committed on working against xenophobia and expressions of hate. However, the Center for Human Rights of Catholic University “Andrés Bello” (UCAB) in Venezuela, pointed out the fact that the regional agreements do not explicitly state the recognition of these persons’ Human Rights, nor their inherent condition of refugees, in order to grant them Governmental representatives of Argentina, Brazil, international protective rights, since they migrate Chile, Colombia, Costa Rica, Ecuador, México, Panamá, forcefully out of their native territory. Paraguay, Perú, and Uruguay, showed their best disposition to help Venezuelan nationals during the exodus, caused by the humanitarian emergency the http://bit.ly/2MfCJWY country is going through.
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